INTERGOVERNMENTAL AGREEMENT - ARTIFICIAL FISHING REEF BIG PIER 60
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INTERGOVERNMENTAL CONTRACI
BETWEEN
. P INELLAS COUNTY
AND THE
CITY OF CLEARWATER, FLORIDA
THIS CONTRACT is hereby made and entered into this ~ti
day Of~ ' 1986, by arid between PINELLAS COUNTY, FLORIDA,
hereinafter referred to as the COUNTY, and the CITY OF CLEARWATER, FLORIDA,
hereinafter referred to as the CITY.
WITNESSETH
WHEREAS, the CITY has secured all permits necessary for the construction
of an artificial fishing reef at the city-owned Big Pier 60, located in the
Gulf of Mexico at Clearwater Beach; and
WHEREAS, the city has received a construction grant from the Florida
Department of Natural Resources whereunder work performed by employees of the
City, or the use of materials or equipment of the City are not eligible
expenditure items.
WHEREAS, the COUNT~ is willing to transport and place concrete' reef-
building 'materials consisting of pipe, piles, slabs and similar materials
approved by the CITY, on the reef site, utilizing a county-owned self
propelled barge; and
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WHEREAS" .the CITY is willing to reimburse the COUNTY for the cost of
transporting said materials under a reef construction grant provided by the
Florida Department of Natural Resources;
NOW, THEREFORE, in consideration of the mutual obligations, agreements
and undertakings contained herein, the parties covenant and agree as follows:
I. The term of this Contract shall be from March 1, 1986 to December
31, 1986.
2. The COUNTY agrees to load reef building materials at the County
Artificial Reef staging area located at Sand Key Park, Clearwater, Florida, to
transport said materials via county-owned barge to the Big Pier 60 reef site,
and to emplace said materials on the reef site at locations to be designated
by the CITY.
3; The CITY and the COUNTY agree that materials will be transported
under this Contract at such times that will not interfere with the normal
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operation of the county barge only when sufficient r.eef building materials are
available to constitute a bargeload equivalent to that normally carried by the
county-owned barge when engaged in construction of county offshore reefs.
The City's Harbormaster shall be informed, in advance, of the date and time
each bargeload is to be transported under this Contract.
4. The CITY agrees to pay the COUNTY the sum of two hundred dollars
($200.00) per hour during each and every hour the county barge is engaged in
loading,' transporting and off-loading materials at the reef site and in
returning to the reef staging area.
Payments will be made monthly, upon submission by the COUNTY of an invoice
substantiating total transportation hours. The total sum to be paid to the
COUNTY by the CITY shall not exceed twenty thousand dollars ($20,000.00).
5. The City covenants and agrees that it will indemnify, hold harmless
the County and all of the County's officers, agents and emmployees from any
clain, loss, damage, cost, charge or expense risinK out of any act, action,
neglect or omission by the City during the performance of this Contract,
whether direct or indirect, and whether to any person or property to which the
County or said parties may be subject except that neither the City nor any of
its subcontractors will be liable under this section for damages arising out
of injury or damage to persons or property directly caused or resulting from
the sole negligence of the County or any of its officers, agents or employees. *
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6. In the event sufficient budgeted funds are unavailable for the
period subsequent to the expiration of the current fiscal year, September 30,
1986, the County shall notify the City of such occurrence and the Contract
shall be deemed to terminate on the last day of the current fiscal year
without penalty or expense to the County.
7. The City represents, and warrants that it has the legal authority and
necessary permits to perform the work which is the subject of this Contract.
8. The duties and obligations of the COUNTY under this Contract shall
not be assigned.
9. This Contract may be terminated by either party upon the giving of
thirty (30) days advance written notice to the other party. Provided,
however, that the termination of this Contract shall not release the CITY of
any obligations, and/or responsibilities that may have occurred and/or accrued
prior to said termination.
* T~is paragraph 5 shall not be construed to provide that either party may be held
. 1\_ l~able to any person not a party to this contract to any extent greater than the
~ limits of liability set forth in Section 768.28, Florida Statutes, and neither
party waives any defenses it may have under that Section against claims from such
persons. The City agrees to control access to the pier and adjacent_~ach areas
whi Ie the County-owned barge is working at the reef. J3LfT" V ~ /'rc;
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10. The City') Harbormaster is designated as
charge of the reef construction project.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
properly executed and attested to by their respective authorized officia
all on the.day and year first above. written. ~
ATTEST: JARLEeN F, D. BLAKER, CLERK '
(?, \..d/ ;f;, FOR PINELLAS COUNTY:
By: ~~t::L~....,........_,__ "-',
ATTEST: Dop\1,ty Clerk
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Cha1rman
/BY:
ATTEST:
L~5'.; ,J:i.. D.
~. City Clerk
APPROVED AS T
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